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HomeMy WebLinkAbout1852-P DATE: October 16, 2006 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a real estate office in an RCR (Residential Conservation and Revitalization) District. FILE: 1852-P STAFF REPORT The Planning Manager recommends denial of this request. Deborah Terry is requesting a specific use permit to allow the continued operation of her real estate office at 2339/2349 North. Ms. Terry=s business location was brought to the Planning staff=s attention in August, 2006. Ms. Terry states that she has been operating her office at 2339 North since 1992. She lives next door at 2349 North. Normal hours of operation are Monday - Friday, 9 a.m. - 6 p.m. Ms. Terry says that she is the only full-time employee. However, she does have three independent contractors that do work out of her office. In August, 2006, the City Council denied a specific use permit for a doctor=s office at 2331 North Street. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 8 and the E 2 of Lot 9, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X X ANALYSIS continued This application is in conformance with three of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 1. The Planning staff has conducted a zoning study that designates this area for RS (Residential Single Family Dwelling) District zoning. With the desire to return the Old Town neighborhood to its original single family character, permitting commercial uses within residential areas is no longer appropriate. 4. The minimum driveway width for commercial uses is 20'. The site plan shows a 14' wide driveway. While the office will be located at 2339 North, four of the required parking spaces will be located at 2349 North. 7. Ms. Terry is requesting a modification to the landscaping/screening requirements. Along the south, east and west property lines is a 4' tall chain link fence. Tall shrubs partially screen the subject property from the property to the west. 8. The Comprehensive Plan designates this area as a A Conservation/Revitalization Area @. As such, these areas tend to experience influences such as incompatible land uses, dilapidated and derelict structures and deteriorating infrastructure. Immediate actions are needed to prevent continued deterioration and to reverse and repair these conditions. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Deborah Terry PROPERTY OWNER: Same LOCATION: 2339/2349 North EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.26 acres, more or less EXISTING LAND USES: Real estate office and residential FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential, school RCR (Residential Conservation and Revitalization) District EAST: Residential RCR SOUTH: Vacant RCR WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: North Street - Major collector with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS BEAUMONT ISD JUAN & ROSA JAIMES JUAN JAIMES (CD) D MICHAEL THE AFRICAN VIOLET SOCIETY JOHNSON (LH) OF AMERICA INC RICHARD R CONERLY AILEEN S JOHNSON JUAN E & PILAR DAVILA JR LEAGUE OF BEAUMONT INC JUAN J JAIMES ET UX WALTER E & TAMMY G NEWBY GERARDO LOZA FREDERICK H GOODMAN JAMES A HOLMES JIMMIE & VERNON O ADAMS MAE E WESSON H R ILES LP TERESA L CLUM LONNIE C TREADWAY DEBORAH MILTON TERRY LELAN R WOODS JIMMIE L MRS LEO WILLIAMS ESTATE WOODS